Case Note & Summary
The applicant, Namdeo Goma Patil, was the owner of land Gat No.68, Hissa No.8 at Mouje Ajivali, Taluka Panvel, District Raigad. An area of 600 sq. mt. was acquired for the Chembur Patalganga Pipeline under the Petroleum and Minerals Pipelines Act, 1962. A notification under Section 3 was issued on 17 November 1990, a notification under Section 6 on 23 February 1991, and the award was declared on 18 July 1995. Possession was taken on 23 February 1991. The applicant filed Land Acquisition Reference No. 2 of 1996 for enhancement of compensation, stating he came to know about the award on 8 August 1995 and applied for certified copies on 11 September 1995. The reference was filed on 8 January 1996. The Principal District Judge, Raigad, dismissed the reference as barred by limitation, holding that the limitation period of 90 days under Section 10 of the Act started from the date of the award (18 July 1995) and the reference filed on 8 January 1996 was beyond 90 days. The applicant challenged this order in the High Court. The High Court examined the issue of limitation under Section 10 of the Act, which provides that a reference must be made within 90 days from the date of the award. The Court noted that the applicant was not present when the award was declared and came to know about it only on 8 August 1995. The Court held that the limitation period should be computed from the date of knowledge, not the date of the award, as the applicant had no prior knowledge. Since the reference was filed on 8 January 1996, which was within 90 days from 8 August 1995 (the date of knowledge), it was within limitation. The Court allowed the revision application, set aside the order of the District Judge, and directed the reference to be restored to its original number and decided on merits.
Headnote
A) Limitation Act - Reference under Section 10 of Petroleum and Minerals Pipelines Act, 1962 - Date of Knowledge - The limitation period for filing a reference under Section 10 of the Act commences from the date the applicant has knowledge of the award, not from the date of the award itself, especially when the applicant was not present at the declaration of the award. The Court held that the reference filed within 90 days from the date of knowledge is within limitation. (Paras 2-8)
Issue of Consideration
Whether the reference made by the applicant to the Court in respect of acquisition proceedings under the Petroleum and Minerals Pipelines Act, 1962 was within the period of limitation
Final Decision
The Civil Revision Application is allowed. The order dated 2 September 2016 passed by the Principal District Judge, Raigad, below exh.29 in Land Acquisition Reference No. 2 of 1996 is set aside. The reference is restored to its original number and the District Judge is directed to decide the reference on merits in accordance with law.
Law Points
- Limitation period for reference under Section 10 of the Petroleum and Minerals Pipelines Act
- 1962 starts from the date of knowledge of the award
- not the date of award
- when the applicant was not present at the declaration
